CHAPTER 354

FORMERLY

SENATE BILL NO. 103

AS AMENDED BY HOUSE AMENDMENT NO. 2 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 100, TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section I. Amend §10005 (d), Chapter 100, Title 29, Delaware Code by adding at the end of §10005 (d), the following:

"The Court may award attorney fees and costs to a successful plaintiff of any action brought under this section. The Court may award attorney fees and costs to a successful defendant, but only if the Court finds that the action was frivolous or was brought solely for the purpose of harassment."

Section 2, Amend §I0005, Chapter 100, Title 29 of the Delaware Code by adding thereto two new subsections to read as follows:

"(e) Any citizen may petition the Attorney General to determine whether a violation of this chapter has occurred or is about to occur, The petition shall set forth briefly the nature of the alleged violation. Upon receiving a petition, the Attorney General shall, within ten days, notify in writing the custodian of records or public body involved. Within twenty days of receiving the petition, the Attorney General shall make a written determination of whether a violation has occurred or is about to occur, and shall provide the citizen and any custodian of records or public body involved with a copy of the determination. If the Attorney General finds that a violation of this chapter has occurred or is about occur, the Citizen may (1) file suit as set forth In this chapter, or (2) request in writing that the Attorney General file suit on the citizen's behalf. If such request is made, the Attorney General may file suit, and shall within fifteen days notify the citizen of the decision to file suit, unless the custodian of records or public body has agreed to comply with this chapter. The citizen shall have the absolute right to file suit regardless of the determination of the Attorney General, and may move to intervene as a party in any suit filed by the Attorney General.

(f) Subsection CO of this Section shall not apply to an alleged violation by an administrative office or officer, agency, department, board, commission, or instrumentality of state government which the Attorney General is obliged to represent pursuant to §2504 of this Title."